Tree Protection Plan

1208 Fanshawe Park Road East, London

Prepared for:

Masar Development Inc.

c/o Baraa Abbas and Abdul Zaro

4056 Meadowbrook Drive, Unit 127

London, ON

N6L 1E3

Project No. 2737 | January 2022

Waterloo, ON • Calgary, AB • Saskatoon, SK

www.nrsi.on.ca • [email protected]

1208 Fanshawe Park Road East, London

Tree Protection Plan

Project Team

Kayla Mimms, Terrestrial & Wetland Biologist, Certified Arborist, Project Manager

Jeremy Bannon, Terrestrial & Wetland Biologist, Certified Arborist, Project Advisor

Gerry Schaus, GIS Analyst

Monica Varga, GIS Analyst

Report submitted on January 21, 2022

Kayla Mimms

Kayla Mimms, B.Sc.

Terrestrial and Wetland Biologist / Certified Arborist (ON-2654A)

Table of Contents

1.0 Introduction ................................................................................................................... 1

2.0 Tree Inventory and Methodology ................................................................................. 3

3.0 Summary of Tree Inventory Findings........................................................................... 5

4.0 Tree Removal and Retention Analysis ......................................................................... 6

5.0 Tree Protection Measures and Recommended Mitigation .......................................... 8

5.1 Prior to Construction and Site Alteration ............................................................. 8

5.1.1 Tree Removal Timing Windows ............................................................................ 8

5.2 During Construction ............................................................................................... 9

5.3 Post-Construction .................................................................................................10

6.0 Compensation ..............................................................................................................11

7.0 Conclusion ....................................................................................................................13

8.0 References ....................................................................................................................14

List of Tables

Table 1. Replacement Planting Summary .................................................................................11

List of Appendices

Appendix I Tree Inventory Data

Appendix II Tree Health and Potential for Structural Failure Assessment Criteria

Appendix III Conditions of Assessment

Appendix IV Tree Data Summary Tables

Maps

Map 1. Subject Property

Map 2. Tree Inventory and Protection Plan

Natural Resource Solutions Inc. 1

1208 Fanshawe Park Road East, London Tree Protection Plan

1.0 Introduction

Natural Resource Solutions Inc. (NRSI) was retained by Masar Development Inc. to complete a

tree inventory and Tree Protection Plan (TPP) for the property located at 1208 Fanshawe Park

Road East in London, Ontario (Map 1). The property is approximately 0.36 ha in size. Masar

Development Inc. is proposing a residential development on the property, consisting of 24

townhouse units, parking spaces, and a shared amenity space. This TPP is being completed in

accordance with the City of London’s Tree-Protection By-law (no. C.P.-1555-252) (2021b). The

property is generally bound by Fanshawe Park Road East to the south, existing residential

properties to the west and east, and the property of the Siloam United Church to the north. The

residential property to the west, at 1186 Fanshawe Park Road East, is a listed heritage property

(AECOM 2021). For the purposes of this report, this property proposed for development, 1208

Fanshawe Park Road East, will be referred to as the “subject property”.

This TPP was completed in consideration of The London Plan (City of London 20121a), the City

of London Tree Protection By-law (no. C.P.-1555-252) (2021b) and Section 12 of the Design

Specifications & Requirements Manual, Tree Planting and Protection Guidelines (City of London

2018), herein referred to as “the Design Specifications”. The by-law regulates the injuring and

destruction of trees on private property within the City of London that meet either of the following

criteria:

1. Trees that have a trunk diameter of 50cm or greater measured 1.4m above

Natural Ground Level, within the Urban Growth Boundary,

2. Trees of any size within a Tree Protection Area (as shown in Schedule B of the

Tree Protection By-law),

The subject property is located entirely within the ‘Urban Growth Boundary’ as per the London

Plan (2021a). The subject property does not fall within a Tree Protection Area as mapped in

Schedule D-7 of the City’s Tree Protection By-law (2021b) but Distinctive Trees are currently

located within and immediately adjacent to the subject property. However, the inventoried trees

are not protected by the by-law, as outlined in criteria subsection (d), which provides exemption

to trees to be removed:

“As a condition to the approval of a site plan, a plan of subdivision or a consent under section

41, 51 or 53, respectively, of the Planning Act, or as a requirement of a site plan agreement or

subdivision agreement entered into under those sections.”

Natural Resource Solutions Inc. 2

1208 Fanshawe Park Road East, London Tree Protection Plan

Despite this, a TPP is still required for site plan approval. In developing this TPP, the London

Plan, Tree Protection By-law and the Design Specifications were considered and followed as

appropriate.

This report provides the findings of the tree inventory, analysis of proposed development

against the trees’ overall health and structural integrity, protection measures for trees to be

retained, and recommended mitigation and compensation measures. Tree inventory data and

mapping has been compared to the layout of the proposed draft Subdivision Plan that is current

at the time of writing of this report, and prepared by Monteith Brown Planning Consultants

(dated September 2, 2021, project number 21-1500), as shown on Map 2.

Natural Resource Solutions Inc. 3

1208 Fanshawe Park Road East, London Tree Protection Plan

2.0 Tree Inventory and Methodology

A comprehensive inventory and assessment of trees within the subject property was completed

by NRSI Certified Arborists on November 19, 2021. Trees located at the boundary of the

subject property and an adjacent property, as well as trees adjacent to the subject property with

the potential to be impacted by the proposed development, were also included in the inventory

and assessment.

Individual trees ≥10cm Diameter at Breast Height (DBH) were surveyed using an SXBlue II

GNSS GPS and are shown on Map 2. Where a tree had multiple stems, the DBH of each stem

≥10cm DBH was recorded. Surveyed trees were not tagged or otherwise marked, due to the

large majority of them being considered boundary trees and therefore being jointly owned by

neighbouring property owners. A complete list of trees that were assessed and their overall

health and potential for structural failure is included in Appendix I.

The following information was recorded for each tree:

• Species,

• DBH (centimetres),

• Approximate crown radius (metres),

• General health (excellent, good, fair, poor, very poor, dead),

• Potential for structural failure (improbable, possible, probable, imminent),

• Tree location (on-site/off-site/boundary), and

• General comments (i.e. disease, aesthetic quality, development constraints,

sensitivity to development).

The overall health and potential for structural failure of each tree was assessed based on the

criteria outlined in Appendix II (Dunster 2009; Dunster et al. 2013). NRSI has exercised a

reasonable standard of care, skill and diligence as would be customarily and normally provided

in carrying out these assessments. The assessments have been made using accepted

arboricultural techniques. These include a visual examination of each tree for structural defects,

scars, external indications of decay such as fungal fruiting bodies, evidence of insect attack, the

condition of any visible root structures, the direction of stem lean (if any), the general condition

of the trees and the surrounding site, and the current or planned proximity of property and

people. None of the trees examined on the property were dissected, cored, probed, or climbed

and detailed root crown examinations involving excavation were not undertaken. The conditions

Natural Resource Solutions Inc. 4

1208 Fanshawe Park Road East, London Tree Protection Plan

for this assessment, including restrictions, professional responsibility, and third-party liability can

be found in Appendix III.

Natural Resource Solutions Inc. 5

1208 Fanshawe Park Road East, London Tree Protection Plan

3.0 Summary of Tree Inventory Findings

In total, 29 trees were inventoried, comprising 12 species, the majority of which are located on

the western and eastern edges of the property, forming boundary tree hedgerows between the

subject property and adjacent properties. Of the trees inventoried and assessed, 27 (93.1%)

are native species and 2 (6.9%) are non-native.

In total, 7 Distinctive Trees were identified on the subject property. These trees included 4

Black Walnut (Juglans nigra), 1 White Ash (Fraxinus americana), 1 Freeman’s Maple (Acer X

freemani), and 1 Sycamore (Platanus occidentalis). A single Norway Spruce (Picea abies) was

identified as a Dead Distinctive Tree, but was located on the property of 1186 Fanshawe Park

Road East, to the west of the subject property. However, due to exemption from the Tree

Protection By-law under subsection (d) (City of London 2021b), Distinctive status of trees does

not warrant specific permitting or compensation requirements for this site plan application, and

instead consideration and compensation requirements apply to all trees ≥10cm DBH, as per the

London Plan (2021a). None of the tree species observed are regionally significant or protected

under the Species at Risk Act (2002) or Endangered Species Act (2007).

A complete list of inventoried trees is provided in Appendix I and tree locations are shown on

Map 2. Appendix IV includes both a list of tree species inventoried, their health, and whether

they are native or non-native, as well as a summary of the overall health of the trees inventoried

and their potential for structural failure.

Natural Resource Solutions Inc. 6

1208 Fanshawe Park Road East, London Tree Protection Plan

4.0 Tree Removal and Retention Analysis

The existing overall health and/or potential for structural failure was compared to the proposed

development layout to determine whether existing trees would be impacted by the proposed

undertaking. Avoidance, mitigation, and protection measures for trees were examined to

determine which trees would be impacted and which could be retained. The retention analysis

presented below is based on the proposed draft concept plan prepared by Monteith Brown

Planning Consultants (dated September 2, 2021, project number 21-1500), and provided to

NRSI in November 2021 (Map 2).

Of the 29 inventoried trees, 25 are considered to be boundary trees due to their proximity to a

boundary between the subject property and an adjacent property. Removal or injury of

boundary, off-site, or municipal trees will require the permission of all owners involved. If the

main stem of any tree is located on multiple properties, all owners of those properties must be

consulted before any tree removal occurs. Some boundary trees are recommended for removal

in this report. NRSI is not aware of receipt of approval for these removals at this time, and our

recommendation for removal should not be inferred to reflect any approval from any parties. Of

the remaining 4 inventoried trees, 3 are distinctly on-property. One inventoried tree, a dead

Norway Spruce (Tree 27) is classified as a Dead Distinctive Tree and is off-property. This tree

is not proposed for removal due it’s location off-property, but was included in the inventory due

it’s proximity to the subject property boundary. Tree 27 was identified to have a Probable

potential for structural failure and therefore represents a potential hazard for the property on

which it resides (1186 Fanshawe Park Road East), and may be a hazard to the property of 1208

Fanshawe Park Road East. While this tree is solely owned by the landowner(s) of 1186

Fanshawe Park Road East, it may be beneficial to both parties to discuss the removal of this

tree.

16 of the 29 inventoried trees are anticipated to be removed based on the extent of the

proposed development of the subject property, and/or due to their health and potential for

structural failure. The majority of the trees proposed for removal are in poor to fair health with

an improbable potential for structural failure, and range in size from 11.6cm to 96.5cm DBH.

The results of this retention analysis (as seen on Map 2 and Appendix I) indicate that Tree 19

has been proposed for retention. The crown radii of this tree, and therefore the assumed root

zone, does extend into the development footprint (primarily parking lot space), but due to its

Natural Resource Solutions Inc. 7

1208 Fanshawe Park Road East, London Tree Protection Plan

status as boundary trees, and the expected likelihood of the trees recovering from the limited

root zone encroachment, it is recommended that Tree 19 is retained.

Additionally, the results of this retention analysis (as seen on Map 2 and Appendix I) indicate

that Tree 7 has been proposed for retention. This tree is a large DBH Freeman’s Maple.

Although the crown radius and assumed root zone does fall within the proposed development

footprint (garbage collection area), the spreading crown is considered to provide visual appeal

and shade for the proposed adjacent amenity space. It is recommended that Tree 7 is retained

for the benefits it would provide to the amenity space and is expected to recover from the limited

root zone encroachment.

Natural Resource Solutions Inc. 8

1208 Fanshawe Park Road East, London Tree Protection Plan

5.0 Tree Protection Measures and Recommended Mitigation

5.1 Prior to Construction and Site Alteration

Temporary tree protection fencing (TPF) will be situated where trees are adjacent to proposed

development as shown on Map 2. A combined sediment and erosion control fence (i.e. silt

fence) and TPF is recommended where trees are situated adjacent to the limit of disturbance.

This TPF is to take the form of plastic mesh fencing (such as snow fencing), t-bar stakes, heavy

duty silt fencing, and topped with 2x4 beams, as outlined in the Design Specifications (City of

London 2018). Detailed requirements and a corresponding fencing diagram from the Design

Specifications can be found on Map 2.

The TPF will be installed and maintained by the Developer prior to any construction activities

(rough grading, vegetation and tree removal). Prior to works commencing on-site, fence

installation and location is to be inspected by a Certified Arborist. Signage indicating the

purpose of protection fencing will be attached to the TPF every 100-150m. Recommended

signage, as outlined in the Design Specifications (City of London 2018), and suitable locations,

are shown on Map 2.

Section 12.1.3 of the Design Specifications (City of London 2018) stipulates the minimum size

of any Tree Protection Zone (TPZ) based on the size of DBH of the protected trees. TPZs for

trees designated for retention are shown on Map 2, applying the protection distances specified

for trees within Open Spaces and Woodlands as per the Design Specifications (City of London

2018). For some trees designated to be retained, the TPZ will not be possible to be maintained

to its full extent due to the proposed development plan.

As outlined in the Design Specifications (City of London 2018) any maintenance required on any

tree that is designated for retention should be completed prior to construction. This can include,

but is not limited to, crown pruning, deep root fertilization, tree watering, and/or soil

replacement.

5.1.1 Tree Removal Timing Windows

Migratory Birds

The removal of trees and vegetation has the potential to disrupt nesting birds. The schedule of

on-site work must consider the Migratory Birds Convention Act (MBCA) (Government of Canada

2019) construction window. All tree and vegetation removal should occur outside of the core

nesting period for migratory birds as established by the Canadian Wildlife Service (CWS)

(2012). This period extends from approximately April 1 – August 31. For any tree or vegetation

Natural Resource Solutions Inc. 9

1208 Fanshawe Park Road East, London Tree Protection Plan

removal which occurs during the core nesting period, nest surveys may be conducted by a

qualified biologist within small, simple habitat areas (i.e., individual isolated trees and hedgerow

trees as found on the subject property) just prior to the removal activity (less than 48hrs prior to)

to ensure that nesting birds are not present. If active nests are present, nests and an

appropriate buffer are to be flagged and protected until the young have fledged and left the nest.

Raptors

The eggs and nests of all species of wild birds are also protected under the Fish and Wildlife

Conservation Act (Government of Ontario 1997). This includes species identified as raptors

(eg. Hawks and owls), which are not protected under the Migratory Birds Convention Act. It

should be noted that some species of raptors breed and nest during the winter months in

Ontario. Although the subject property does not contain suitable habitat for winter raptor

nesting, care and consideration of the possible presence of winter nesting species should be

executed should tree removal occur in the winter.

Species at Risk Bats

Species at Risk (SAR) bats and their habitats are protected by the Endangered Species Act

(Government of Ontario 2007). In order to avoid impact to bats and their habitat, it is

recommended that trees be removed outside of the bat active roosting period, which extends

from approximately April 1 – September 30. Any tree removal that has the potential to impact

SAR bats or their habitat requires prior correspondence with the Ministry of Environment,

Conservation and Parks (MECP).

All developers/consultants/contractors, etc. are legally obligated to carry out due diligence to

protect wildlife species, as described above, from harm during all phases of construction

projects. Timing windows represent recommendations to avoid contravention of the above-

mentioned Acts, but it should be noted that the species, as mentioned above, are afforded

protection regardless of the time of year.

5.2 During Construction

Temporary TPF is to be maintained by the Developer during the entire construction period to

ensure that any trees being retained (including their root systems) are protected. Any minimal

damage (i.e. damage to limbs or roots) to trees to be retained during construction must be

pruned using proper arboricultural techniques. Should any of the trees intended to be retained

Natural Resource Solutions Inc. 10

1208 Fanshawe Park Road East, London Tree Protection Plan

be seriously damaged or die as a result of construction activities, consultation with the City will

be required.

5.3 Post-Construction

It is recommended that the TPF be removed upon completion of construction activities and

adjacent areas are stabilized with a suitable vegetative cover to the satisfaction of the

Environmental Inspector or qualified biologist. Removal of TPF and revegetation will permit

increased root development for the remaining trees. A Certified Arborist must inspect all

retained trees and their rooting area, and recommend remediation work if needed, as outlined in

Section 12.1.6 of the Design Specifications (City of London 2018). A post-construction

remediation plan may be required if damage to retained trees is noted. Following remediation

activities, if needed, a final assessment should be done to ensure all protocols were met,

ensuring final project approval.

Natural Resource Solutions Inc. 11

1208 Fanshawe Park Road East, London Tree Protection Plan

6.0 Compensation

The London Plan subsection 399.4.b (2021a) requires that trees shall be replaced at a ratio of

one replacement tree for every 10cm of tree diameter that is removed. The recommended

replacement plantings summarized in Table 1 have been developed to satisfy this requirement.

Where a tree had multiple stems, the measurement of the largest stem was used to determine

the number of replacement plantings required.

Table 1. Replacement Planting Summary

Number of Trees Designated

for Removal

Total Diameter (cm) of

Tree Designated for

Removal

Number of Replacement

Trees Required

775.2

If possible, replacement plantings should be installed on the subject property. A post-

construction remediation plan may be required to further address replacement plantings, as per

the Design Specifications (City of London 2018). Species used for replacement/enhancement

plantings should be native to the City of London, and all plantings should adhere to the

specifications outlined in Section 12.2.3 of the Design Specifications (City of London 2018).

Approved Street Tree species are outlined in Appendix 5 of the Design Specifications (City of

London 2018). The use of non-native species that are sometimes more tolerant of urban

conditions (i.e. salt and drought tolerant) may be suitable as long as they do not include invasive

species such as Norway Maple (Acer platanoides), Tree-of-Heaven (Ailanthus altissima), White

Mulberry (Morus alba) or Sweet Cherry (Prunus avium).

It is recommended that the following criteria be followed during the development of proposed

planting plans, should they occur:

• The plan should be developed by, or reviewed and approved by an Ontario Landscape

Architect (OLA) or Certified Arborist;

• Be limited to non-invasive species, with preference toward native species to the City of

London;

• Include hardy, native tree species where feasible that are known to thrive in more urban

conditions (i.e. compacted soil, drought, high salt tolerance),

• Include a diversity of trees from several genus to increase disease and pest tolerance

and discourage monocultures (no more than 30% from a single genus, 10% from a

single species),

• Include a watering and monitoring plan for 2 years following planting,

Natural Resource Solutions Inc. 12

1208 Fanshawe Park Road East, London Tree Protection Plan

• Be replaced if they are documented to have died within the 2-year monitoring plan,

• Be spaced so as to allow material to reach its ultimate size and form;

• Be provided with appropriate soil types and soil volumes;

• Avoid ash species due to the risk of the emerald ash borer (Agrilus planipennis),

• Avoid ‘messy trees’, such as fruiting trees or poplars (Populus spp.) where plantings

occur in close proximity to driveways and roadways;

• Spacing of plant material should account for the ultimate size and form of the selected

species and also the purpose of the planting, whether it be for screening, shade,

naturalizing, rehabilitation, etc.; and

• Special attention to location and height of trees in proximity to utilities.

For trees that cannot be planted on the subject property, a cash-in-lieu fee should be paid to the

City of London. City of London’s Tree Protection By-law (no. C.P.-1555-252) (2021b)

states the

following in regards to a cash-in-lieu fees:

“There are several components which comprise the cash-in-lieu amount charged for street tree

planting. The fee must cover all costs associated with implementing the program, including the

cost to supply and install the tree, a two year replacement warranty policy and associated

administration costs (planning, organizing and implementing of tree planting as well as

surveying and compliance checks). Once the trees are planted, the City will forward an invoice

to the developer reflecting the actual cost of planting trees in that subdivision with an additional

10% administration fee (plus all applicable taxes).”

Natural Resource Solutions Inc. 13

1208 Fanshawe Park Road East, London Tree Protection Plan

7.0 Conclusion

NRSI was retained by Masar Development Inc. to complete a tree inventory and Tree Protection

Plan (TPP) for the property located at 1208 Fanshawe Park Road East in London, Ontario.

NRSI Certified Arborists conducted a comprehensive inventory and assessment of trees within

the subject property on November 19, 2021. Trees located at the boundary of the subject

property and an adjacent property, as well as trees adjacent to the subject property with the

potential to be impacted by the proposed development, were also included in the inventory and

assessment. A total of 29 trees belonging to 12 common native and non-native species were

inventoried and assessed for removal within the subject property and boundaries. Of the 29

trees inventoried, 16 are designated for removal.

It is recommended that all proposed tree removals occur with consideration to the protection

and general timing windows for migratory birds, raptors, and species at risk bats. It is required

that written permission from impacted adjacent landowners be sought out and granted in

advance of any boundary tree removals. TPF is to be installed prior to any on-site work, in

order to provide adequate protection for retained trees and their root systems. All TPF is to

conform to the specifications of Section 12.1.4 of the Design Specifications (City of London

2018).

As per the compensation ratio specified in the London Plan (2021a), the installation of 78

replacement trees is required to compensate for the removal of 16 trees. Replacement

plantings should consist of site-appropriate native and/or approved street tree species. For

trees that cannot be planted on the subject property, a cash-in-lieu fee should be paid to the

City of London.

Natural Resource Solutions Inc. 14

1208 Fanshawe Park Road East, London Tree Protection Plan

8.0 References

AECOM Canada Ltd. (AECOM). 2021. Heritage Impact Assessment: Proposed Development of

1208 Fanshawe Park Road East, Adjacent to 1186 Fanshawe Park Road East, A

Heritage Listed Property (DRAFT). December 2021.

Canadian Wildlife Service (CWS). 2012. “Explanation for the Core Nesting Periods Table.”

Ottawa, ON: Canadian Wildlife Service.

City of London. 2018. Design Specifications & Requirements Manual. The Corporation of the

City of London.

City of London. 2021a. The London Plan. City of London.

https://london.ca/government/council-civic-administration/master-plans-

strategies/london-plan-official-plan.

City of London. 2021b. Tree Protection By-law C.P.-1555-252. City of London.

https://london.ca/by-laws/consolidated-tree-protection-law.

Dunster, J.A. 2009. Tree Risk Assessment in Urban Areas and the Urban/Rural Interface:

Course Manual. Silverton, Oregon: Pacific Northwest Chapter, International Society of

Arboriculture.

Dunster, J.A., E.T. Smiley, N. Matheny, and S. Lily. 2013. Tree Risk Assessment Manual.

Champaign, Illinois: International Society of Arboriculture.

Government of Canada. 2019. S.C. 1994, c.22 Migratory Birds Convention Act. https://laws-

lois.justice.gc.ca/eng/acts/M-7.01/ (January 5, 2022).

Government of Ontario. 1997. S.O. 1997, c. 41. Fish and Wildlife Conservation Act.

https://www.ontario.ca/laws/statute/97f41 (January 5, 2022).

Government of Ontario. 2007. S.O. 2007, c. 6. Endangered Species Act.

https://www.ontario.ca/laws/statute/07e06 (January 5, 2022).

Natural Resource Solutions Inc.

Appendix I

Tree Inventory Data

1208 Fanshawe Park Road East, London - Tree Protection Plan

Tree Inventory Data

Tree

Number

Common Name Scientific Name

Native/ Non-

native

Stem

Count

DBH (cm)

Crown Radius

(m)

Potential for

Structural Failure

Rating

Overall

Condition

Location

Proposed

Action

Distinctive

Tree

(Y/N)

Tree

Protection

Zone (m)

Comments

1 White Ash

Fraxinus americana

Native 1 75.4 7.0 Possible Poor On-site Remove Y -

Some dead limbs;

pruning cuts.

gypsy moth casings; reaction wood on old

2 White Birch

Betula papyrifera

Native 2 39.7 + 23.1 4.0 Possible Poor On-site Remove N -

Dead branches; wounds; branch rub; compartmentalized wounds.

3 Black Walnut

Juglans nigra

Native 1 67.7 7.0 Improbable Poor Boundary Remove Y -

History of improper pruning; crown extends

prune lower branches for clearance.

over shed; could

4 Eastern White Cedar

Thuja occidentalis

Native 1 31.9 1.5 Improbable Fair Boundary Retain N 4.8

Asymmetrical crown

to stem; minor stem

to west;

wounds

2x4

with

lumber and wire

exuding resin.

fence secured

5 Norway Maple

Acer platanoides

Non-Native 1 49.5 5.0 Possible Poor Boundary Remove N -

Old reaction

limbs.

wound on stem; compartmentalized wounds; broken

6 Eastern White Cedar

Thuja occidentalis

Native 1 28.7 2.0 Improbable Fair Boundary Retain N 3.6

Tires and other debris at base of tree; shed under crown.

7 Freeman's Maple

Acer X freemanii

Native 2 63.4 + 63.8 9.0 Improbable Good Boundary Retain Y 9

Included bark; branch rub.

8 Black Walnut

Juglans nigra

Native 1 69.5 9.0 Improbable Fair On-site Remove Y -

Two leaders with included bark; small dead branches.

9 Black Walnut

Juglans nigra

Native 1 25.1 3.5 Possible Poor Boundary Remove N -

Multiple large stem wounds, compartmentalized

heartwood rot; stem lean to northeast.

but with

10 Common Hackberry

Celtis occidentalis

Native 1 12.5 1.0 Possible Fair Boundary Retain N 3.6

Heavy stem lean southwest into property.

11 Black Walnut

Juglans nigra

Native 1 24.5 3.0 Improbable Fair Boundary Retain N 3.6

Debris at base; some dead branches.

12 Manitoba Maple

Acer negundo

Native 2 21.0 + 24.0 8.0 Probable Very Poor Boundary Remove N -

Third dead stem; spreading crown due to leaningn stems.

13 Black Walnut

Juglans nigra

Native 1 25.0 2.5 Improbable Fair Boundary Retain N 3.6

Few scaffold branches.

14 Common Hackberry

Celtis occidentalis

Native 1 46.0 6.0 Improbable Good Boundary Remove N 6

Healthy structure, just a few minor dead branches.

15 White Spruce

Picea glauca

Native 1 37.8 2.5 Improbable Fair Boundary Retain N 4.8

Pruned lower branches.

16 Black Walnut

Juglans nigra

Native 1 41.0 4.0 Improbable Good Boundary Remove N -

Included bark but otherwise good form and structure.

17 Common Hackberry

Celtis occidentalis

Native 1 35.0 3.0 Improbable Fair Boundary Remove N -

Stem lean to west.

18 Common Hackberry

Celtis occidentalis

Native 1 37.5 4.0 Improbable Fair Boundary Remove N -

Multiple

wound.

leaders; included bark; small second stem under 10 with

19 Black Walnut

Juglans nigra

Native 1 73.2 8.0 Improbable Fair Boundary Retain Y 9.6

Some watersprouts; included bark.

20 White Elm

Ulmus americana

Native 1 46.3 3.0 Probable Dead Boundary Remove N -

Large stem wound; exfoliating bark.

21 Common Hackberry

Celtis occidentalis

Native 1 25.1 3.0 Improbable Fair Boundary Retain N 3.6

Some stem and branch rub.

22 Common Hackberry

Celtis occidentalis

Native 1 28.5 5.0 Improbable Good Boundary Retain N 5

Asymmetrical crown

to east; no visible defects.

23 Common Hackberry

Celtis occidentalis

Native 1 25.2 5.0 Improbable Good Boundary Remove N -

Asymmetrical crown to east; no visible defects.

24 Common Hackberry

Celtis occidentalis

Native 1 33.3 4.0 Improbable Good Boundary Retain N 4.8

Two leaders with included bark; otherwise good structure.

25 Common Hackberry

Celtis occidentalis

Native 1 11.6 1.0 Possible Poor Boundary Retain N 3.6

Failure of main leader at 1.5 m.

26 Black Walnut

Juglans nigra

Native 1 83.0 9.0 Improbable Good Boundary Remove Y -

History of pruning;

healthy crown.

minor deadwood; otherwise good form and

27 Norway Spruce

Picea abies

Non-Native 1 55.0 2.5 Probable Dead Off-site Retain

History of pruning; exfoliating bark.

Long seam but mostly healed with reaction wood; bark staing at

very base of seam; compartmentalized wounds on limb; some

28 Sycamore

Platanus occidentalis

Native 1 96.5 10.0 Improbable Good Boundary Remove Y -

compartmentalized wounds with heartwood rot on other limb;

minor dieback; vigour and otherwise good form; showing good

reaction and compartmentalization.

29 Black Walnut

Juglans nigra

Native 2 13.8 + 12.3 2.0 Improbable Good Boundary Remove N -

Included bark at stem junction;

to proximity of building.

asymmetrical crown to south due

Where multiple stems were present, only the largest was used to determine Distinction status

Shown for trees proposed for retention only; as per London's Design Specifications (2018) for areas designated Open Space or Woodlands

Distinctive Dead Tree; located off-property

Page 1 of 1

Natural Resource Solutions Inc.

Appendix II

Tree Health and Potential for Structural Failure Assessment Criteria

Natural Resource Solutions Inc.

Tree Health Assessment Criteria

Assessment

Criteria

Definition

Excellent

Represents a tree in near perfect form, health, and vigour. This tree would exhibit no

deadwood, no decline, and no visible defects.

Good

Represents a tree ranging from a generally healthy tree to a near perfect tree in terms of

health, vigour and structure. This tree exhibits a complete, balanced crown structure with

little to no deadwood and minimal defects as well as a properly formed root flare.

Fair

Represents a tree with minor health, balance or structural issues with minimal to moderate

deadwood. Branching structure shows signs of included bark or minor rot within the

branch connections or trunk wood. The root flare shows minimal signs of mechanical

injury, decay, poor callusing, or girdling roots. Trees in the category require minor

remedial actions to improve the vigour and structure of the tree.

Poor

Represents a tree that exhibits a poor vigour, reduced crown size (<30% of crown typical

of species caused by overcrowding or decline), extreme crown imbalance, or extensive rot

in the branching and trunk wood. Fungus could be seen from these rotting areas,

suggesting further decay. These trees have extensive crown die back with a large amount

of deadwood, and possibly dead sections. These weakened areas can lead to a potential

failure of tree sections. Rooting zones show signs of extensive root decay or damage

(fruiting bodies or mechanical damage) or girdling roots. Trees in this category require

more extensive actions to prevent failure. A tree identified as poor would be a candidate

for removal in the near future.

Very Poor

Represents a tree that exhibits major health and structural defects. Quite often the defects

or diseases affecting this tree will be fatal. Large quantities of fungus, large dead sections

with possible cavities and bark falling off all are signs that a tree is in a major state of

decline and would be identified as very poor. These trees have a probable or imminent

potential for structural failure. These trees should be identified for removal.

Dead

Represents a tree that exhibits no sign of new growth, including buds, foliage, or shoot

growth. These trees have a probable or imminent potential for structural failure. These

trees should be identified for removal.

(Dunster 2009)

Potential for Structural Failure Assessment Criteria

Assessment

Criteria*

Definition

Improbable

The tree or branch is not likely to fail during normal weather conditions and may not fail in

many severe weather conditions within the specified time frame.

Possible

Failure could occur, but it is unlikely during normal weather conditions within the specified

time frame.

Probable

Failure may be expected under normal weather conditions within the specified time frame.

Imminent

Failure has started or is most likely to occur in the near future, even if there is no significant

wind or increased load. This is a rare occurrence for an assessor to encounter, and it may

require immediate action to protect people from harm.

(Dunster et al. 2013)

*A specified time frame of 1 year will be used when assessing potential for structural failure.

Natural Resource Solutions Inc.

Appendix III

Conditions of Assessment

Natural Resource Solutions Inc.

Conditions of Tree Assessment

Limitations

This tree inventory and assessment is based on the circumstances and observations by

Natural Resource Solutions Inc. (NRSI) as they existed at the time of the site

inspection(s) of the Client’s Property as described in this report (the “Property”) and the

trees situated thereon, and upon information provided by the Client to NRSI. The

opinions in this assessment are given based on observations made and using generally

accepted professional judgment, however, because trees are living organisms and

subject to change, damage and disease, the results, observations, recommendations,

and analysis as set out in this assessment are valid only at the date any such

observations and analysis took place. No guarantee, warranty, representation or opinion

is offered or made by NRSI as to the length of the validity of the results, observations,

recommendations and analysis contained within this assessment. As a result, the Client

shall not rely upon this assessment, save and except for representing the circumstances

and observations at the date of site inspection(s), and the analysis and

recommendations made in relation to the proposed undertaking. It is recommended that

the inventoried trees discussed in this assessment should be re-assessed periodically,

where required.

Further Services

Neither NRSI, nor any assessor employed or retained by NRSI (the "Assessor") for the

purpose of preparing or assisting in the preparation of this assessment shall be required

to provide any further consultation or services to the Client including, without limitation,

acting as an expert witness or witness in any court in any jurisdiction unless the Client

has first made specific arrangements with respect to such further services, including

providing payment of the Assessor’s regular hourly billing fees.

NRSI accepts no responsibility for the implementation of all or any part of this report,

unless specifically requested to examine the implementation of such activities

recommended herein. Any request for the inspection or supervision of all or part of the

implementation shall be made in writing and the details agreed to in writing by both

parties.

Natural Resource Solutions Inc.

Assumptions

The Client is hereby notified that where any of the information set out and referenced in

this assessment are based on assumptions, facts or information provided to NRSI, NRSI

will in no way be responsible for the veracity or accuracy of any such information.

Further, the Client acknowledges and agrees that NRSI has, for the purposes of

preparing their assessment, assumed that the Property is in full compliance with all

applicable federal, provincial, municipal and local statutes, regulations, by-laws,

guidelines and other related laws. NRSI explicitly denies any legal liability for any and all

issues with respect to non-compliance with any of the above-referenced statutes,

regulations, by-laws, guidelines and laws as it may pertain to or affect the Property.

Restriction of Assessment

The assessment carried out was restricted to the areas as described in this report.

NRSI is not legally liable for any other trees except those expressly discussed herein.

The conclusions of this assessment do not apply to any areas, trees, or any other

property not covered or referenced in this assessment.

Professional Responsibility

In carrying out this assessment, NRSI and any Assessor appointed for and on behalf of

NRSI to perform and carry out the assessment has exercised a reasonable standard of

care, skill and diligence. The assessment has been made using accepted arboricultural

techniques. These include a visual examination of each tree for structural defects,

scars, external indications of decay such as fungal fruiting bodies, evidence of insect

attack, discolored foliage (during the leaf-on period), the condition of any visible root

structures, the degree and direction of lean (if any), the general condition of the tree(s)

and the surrounding site, and the current or planned proximity of property and people.

Except where specifically noted in the assessment, none of the trees examined on the

property were dissected, cored, probed, or climbed, and detailed root crown

examinations involving excavation were not undertaken.

No guarantees are offered, or implied, that trees recommended for retention, or all parts

of them, will remain standing. It is professionally impossible to predict with absolute

certainty the behaviour of any single tree or group of trees, or all their component parts,

in all given circumstances. Inevitably, a standing tree will always pose some risk. Most

Natural Resource Solutions Inc.

trees have the potential to fall, lean, or otherwise pose a danger to property and persons

in the event of extreme weather conditions, and this risk can only be eliminated if the

tree is removed.

Without limiting the foregoing, no liability is assumed by NRSI or its directors, officers,

employers, contractors, agents or Assessors for:

a) any legal description provided with respect to the Property;

b) issues of title and/or ownership with respect to the Property;

c) the accuracy of the Property line locations or boundaries with respect to the

Property; and

d) the accuracy of any other information provided to NRSI by the Client or third

parties;

e) any consequential loss, injury or damages suffered by the Client or any third

parties, including but not limited to replacement costs, loss of use, earnings and

business interruption; and

f) the unauthorized distribution of the assessment.

Third Party Liability

This assessment was prepared by NRSI for the Client. The data collected reflect NRSI’s

best assessment of the inventoried trees situated on the Property with the information

available at the time of observation. Data analysis and the assessment of potential

impacts to inventoried trees is specific to the proposed undertaking as described in this

report. NRSI accepts no responsibility for any damages or loss suffered by any third

party or by the Client as a result of decisions made or actions based upon the use of this

assessment for purposes unrelated to the proposed undertaking.

General

Any plans and/or illustrations in this assessment are included only to help the Client

visualize the issues in this assessment and shall not be relied upon for any other

purpose.

This report shall be considered as a whole, no sections are severable, and the

assessment shall be considered incomplete if any pages are missing.

Natural Resource Solutions Inc.

Appendix IV

Tree Data Summary Tables

Natural Resource Solutions Inc.

Summary of Inventoried Trees

Common Name

Scientific Name

Good

Fair

Poor

Very

Poor

Dead

Total

Native Species

White Ash

Fraxinus americana

White Birch

Betula papyrifera

Black Walnut

Juglans nigra

Eastern White

Cedar

Thuja occidentalis

Freeman's Maple

Acer X freemanii

Common

Hackberry

Celtis occidentalis

Manitoba Maple

Acer negundo

White Spruce

Picea glauca

White Elm

Ulmus americana

Sycamore

Platanus occidentalis

Total

Non-Native Species

Norway Maple

Acer platanoides

Norway Spruce

Picea abies

Total

Overall Total

Overall Health of Trees Inventoried

Potential for

Structural Failure

Rating

Excellent

Good

Fair

Poor

Very Poor

Dead

Total

Improbable

Possible

Probable

Imminent

Total

Natural Resource Solutions Inc.

Maps

Map 1. Subject Property

Map 2. Tree Inventory and Protection Plan

1212 Fanshawe

Park Road E

1208 Fanshawe

Park Road E

1186 Fanshawe

Park Road E

ANSHA AWEP R KR DEF

480900 480920 480940 480960 480980 481000 481020 481040

4765400 4765420 4765440 4765460 4765480 4765500 4765520

480900 480920 480940 480960 480980 481000 481020 481040

Map 1

1208 Fanshawe Park

Road E, London

Subject Property

Key Map

WEB

R KR D

YR D

KLA L

Legend

Sub jec tProp erty

Map Prod uc ed b y NaturalR esourc eSolutionsInc .T hism ap isp rop rietary and

c onfid entialand m ustnotb ed up lic ated ord istrib uted b y any m eanswithout

Queen’sPrinterOntario.Im agery:ESR I(2020)

NAD83-UT M Z

Projec t:2737

Size:1x17

one17

Date:January18,2022

1:500

0 10 20 30Metres

Path:X:\2737_1208FanshawePkR d E\NR SI_2737_Map 1_Sub jec tProp erty_1K_2022_01_18_MV.m xd



[



[



[



[



[



[



[



[



[



FANS

HAWE P

OAD

AST

256.26

ILD

NG A

UNITS

186

lot

2 U

irs

now

ent

ide

(

)

(

)

Map Produced by Natural Resource Solutions Inc. This map is proprietary and confidential

and must not be duplicated or distributed by any means without express written permission

Project: 2737

Date: January 21, 2022

NAD83 - UTM Zone 17

Size: 24x36"

1208 Fanshawe Park

Road E, London

Path: X:\2737_1208FanshawePkRdE\NRSI_2737_Map2_TIPP_1K_2022_01_21_GCS.mxd

Map 2

Legend

Subject Property

[

Inventoried Tree to be Retained (Crown to Scale)



Inventoried Tree to be Removed (Crown to Scale)

Tree Protection Zone (City of London 2018)

Tree Protection Fence (TPF)

Site Plan

Servicing

Fireroute

Existing Conditions

0246810

Meters

Tree Inventory and Protection Plan

1:160

1208 Fanshawe Park Road East, London - Tree Protection Plan

Tree Inventory Data

Tree

Number Common Name Scientific Name

Native/ Non-

native DBH (cm)

Stem

Count

Crown

Radius

(m)

Potential for

Structural

Failure Rating

Overall

Condition Location

Proposed

Action

Distinctive

Tree

(Y/N)

Tree

Protection

Zone

(m) Comments

1 White Ash

Fraxinus americana

Native 75.4 1 7.0 Possible Poor On-site Remove Y - Some dead limbs; gypsy moth casings;

reaction wood on old pruning cuts.

2 White Birch

Betula papyrifera

Native 39.7 + 23.1 2 4.0 Possible Poor On-site Remove N - Dead branches; wounds; branch rub;

compartmentalized wounds.

3Black Walnut

Juglans nigra

Native 67.7 1 7.0 Improbable Poor Boundary Remove Y - History of improper pruning; crown extends

over shed; could prune lower branches for

clearance.

4 Eastern White Cedar

Thuja occidentalis

Native 31.9 1 1.5 Improbable Fair Boundary Retain N 4.8 Asymmetrical crown to west; 2x4 lumber and

wire fence secured to stem; minor stem

wounds with exuding resin.

5 Norway Maple

Acer platanoides

Non-Native 49.5 1 5.0 Possible Poor Boundary Remove N - Old reaction wound on stem;

compartmentalized wounds; broken limbs.

6 Eastern White Cedar

Thuja occidentalis

Native 28.7 1 2.0 Improbable Fair Boundary Retain N 3.6 Tires and other debris at base of tree; shed

under crown.

7 Freeman's Maple

Acer X freemanii

Native 63.4 + 63.8 2 9.0 Improbable Good Boundary Retain Y 9 Included bark; branch rub.

8Black Walnut

Juglans nigra

Native 69.5 1 9.0 Improbable Fair On-site Remove Y - Two leaders with included bark; small dead

branches.

9Black Walnut

Juglans nigra

Native 25.1 1 3.5 Possible Poor Boundary Remove N - Multiple large stem wounds,

compartmentalized but with heartwood rot;

stem lean to northeast.

10 Common Hackberry

Celtis occidentalis

Native 12.5 1 1.0 Possible Fair Boundary Retain N 3.6 Heavy stem lean southwest into property.

11 Black Walnut

Juglans nigra

Native 24.5 1 3.0 Improbable Fair Boundary Retain N 3.6 Debris at base; some dead branches.

12 Manitoba Maple

Acer negundo

Native 21.0 + 24.0 2 8.0 Probable Very Poor Boundary Remove N - Third dead stem; spreading crown due to

leaningn stems.

13 Black Walnut

Juglans nigra

Native 25.0 1 2.5 Improbable Fair Boundary Retain N 3.6 Few scaffold branches.

14 Common Hackberry

Celtis occidentalis

Native 46.0 1 6.0 Improbable Good Boundary Remove N 6 Healthy structure, just a few minor dead

branches.

15 White Spruce

Picea glauca

Native 37.8 1 2.5 Improbable Fair Boundary Retain N 4.8 Pruned lower branches.

16 Black Walnut

Juglans nigra

Native 41.0 1 4.0 Improbable Good Boundary Remove N - Included bark but otherwise good form and

structure.

17 Common Hackberry

Celtis occidentalis

Native 35.0 1 3.0 Improbable Fair Boundary Remove N - Stem lean to west.

18 Common Hackberry

Celtis occidentalis

Native 37.5 1 4.0 Improbable Fair Boundary Remove N - Multiple leaders; included bark; small second

stem under 10 with wound.

19 Black Walnut

Juglans nigra

Native 73.2 1 8.0 Improbable Fair Boundary Retain Y 9.6 Some watersprouts; included bark.

20 White Elm

Ulmus americana

Native 46.3 1 3.0 Probable Dead Boundary Remove N - Large stem wound; exfoliating bark.

21 Common Hackberry

Celtis occidentalis

Native 25.1 1 3.0 Improbable Fair Boundary Retain N 3.6 Some stem and branch rub.

22 Common Hackberry

Celtis occidentalis

Native 28.5 1 5.0 Improbable Good Boundary Retain N 5 Asymmetrical crown

to east; no visible

defects.

23 Common Hackberry

Celtis occidentalis

Native 25.2 1 5.0 Improbable Good Boundary Remove N - Asymmetrical crown to east; no visible

defects.

24 Common Hackberry

Celtis occidentalis

Native 33.3 1 4.0 Improbable Good Boundary Retain N 4.8 Two leaders with included bark; otherwise

good structure.

25 Common Hackberry

Celtis occidentalis

Native 11.6 1 1.0 Possible Poor Boundary Retain N 3.6 Failure of main leader at 1.5 m.

26 Black Walnut

Juglans nigra

Native 83.0 1 9.0 Improbable Good Boundary Remove Y - History of pruning; minor deadwood; otherwise

good form and healthy crown.

27 Norway Spruce

Picea abies

Non-Native 55.0 1 2.5 Probable Dead Off-site Retain Y1 0 History of pruning; exfoliating bark.

28 Sycamore

Platanus occidentalis

Native 96.5 1 10.0 Improbable Good Boundary Remove Y - Long seam but mostly healed with reaction

wood; bark staing at very base of seam;

compartmentalized wounds on limb; some

compartmentalized wounds with heartwood rot

on other limb; minor dieback; vigour and

otherwise good form; showing good reaction

and compartmentalization.

29 Black Walnut

Juglans nigra

Native 13.8 + 12.3 2 2.0 Improbable Good Boundary Remove N - Included bark at stem junction; asymmetrical

crown to south due to proximity of building.

Migratory Birds Convention Act

1. The destruction of migratory birds and their nests is prohibited under the federal Migratory Birds Convention Act (MBCA), 1994, which is regulated by the Canadian

Wildlife Service (CWS).

2. Vegetation clearing has the potential to directly impact bird breeding activity through damage and destruction of nests, eggs and young, or avoidance of the area by

breeding adults.

3. Vegetation clearing is recommended to occur outside the bird nesting season (April 1 – August 31) so as to limit disturbances to nesting activities of birds within the

proposed work zone.

4. Specific to simple habitats*, if vegetation clearing cannot be avoided during the bird nesting season, a qualified biologist will be retained to carry out a nest search

ahead of clearing activities within the work zone.

5. Nest areas will be identified in the field. There shall be no construction activity in identified nesting areas until sign-off is obtained from the biologist.

6. Areas identified as having no bird nesting activity can be cleared; however, clearing must occur within 48 hours of nest searching. If vegetation clearing is not performed

within 48 hours, additional nest searches must be conducted.

*Simple habitats are characterized by the CWS as habitats consisting of urban parks with isolated trees, vacant lots with few possible nest sites, a previously cleared area,

or a structure such as a bridge, tower, or building, and specifically excludes meadows. More information is available at (https://www.canada.ca/en/environment-climate-

change/services/avoiding-harm-migratory-birds/reduce-risk-migratory-birds.html).

Species at Risk Bat Habitat

1. The destruction of Species at Risk (SAR) bats and their habitat is prohibited under the Endangered Species Act (ESA), 2007.

2. Vegetation clearing has the potential to directly impact bat roosting habitat.

3. Tree removal should occur outside of the active roosting season (April 1 to September 30) to avoid destruction of potential bat habitat, and therefore contravention of

the ESA.

4. Any vegetation removal that has the potential to impact SAR bat habitat requires prior correspondence with the Ministry of the Environment, Conservation and Parks

(MECP).

Fish and Wildlife Conservation Act

1. The provincial Fish and Wildlife Conservation Act (FWCA) , 1997, provides protection for certain bird species, not protected under the MBCA (i.e., raptors), as well as

furbearing mammals and their dens or habitual dwellings, aside from the Red Fox (Vulpes vulpes) and Striped Skunk (Mephitis mephitis).

2. Construction activities, especially vegetation clearing and site grading, have the potential to directly impact nesting birds not protected under the MBCA, including

raptors, and den sites for furbearing mammals.

3. The timing of construction activities must have consideration for species covered under the FWCA. Similar to the recommendations noted under the MBCA, vegetation

clearing is recommended to occur outside the general bird nesting season (April 1 – August 31); however, raptors and other birds may nest during other periods of the

year.

4. If any bird nests are encountered, regardless of the time of year, a qualified biologist will be retained to carry out a nest search prior to vegetation removal or grubbing to

confirm if the nest is active.

5. Nest areas will be identified in the field. There shall be no construction activity in identified nesting areas until sign-off is obtained from the biologist.